FEDERAL GRAND JURY TO PROBE FLOYD DEATH

A new federal grand jury has been empaneled in Minneapolis and the Justice Department has called new witnesses as part of its investigation of Derek Chauvin, the former police officer who will go on trial in state court next month on a murder charge for the death of George Floyd, according to two people with direct knowledge of the investigation.

The fresh slate of witnesses subpoenaed to give testimony about Chauvin is an early sign that the federal investigation into the death of Floyd, which began last year and then languished, is being reinvigorated under the administration of President Joe Biden.

Chauvin, who is White, was seen in video footage kneeling for more than nine minutes on the neck of Floyd, a Black man, as he begged for his life. The video set off protests across the U.S.

It is unlikely that the Justice Department, in presenting evidence to a new grand jury, is hoping for a quick indictment of Chauvin before his state trial, which is scheduled to begin March 8. But if there was an acquittal or a mistrial, attention would immediately shift to the federal investigation and to whether Chauvin would face trial for violating Floyd’s civil rights.

As a new grand jury begins to hear more testimony in the case, the investigation has apparently narrowed to focus on Chauvin, rather than the three other former officers who face aiding and abetting charges, according to one of the people briefed on the matter, who spoke on the condition of anonymity.

As Chauvin’s trial looms, Minneapolis is concerned that the proceedings could provoke more unrest. The National Guard has been activated to protect the city’s downtown during the trial, and law enforcement agencies from around the state are being called upon to help secure the Twin Cities. Chauvin, who is free on bail and has been allowed to live outside Minnesota because of security concerns, is charged with second-degree murder and second-degree manslaughter.

Meanwhile, the Minnesota Court of Appeals has agreed to consider a request from prosecutors to reinstate a third-degree murder charge against Chauvin.

Last October, Judge Peter Cahill dismissed a third-degree murder charge, which would require proof that someone’s conduct was “eminently dangerous to others,” not just to Floyd. Cahill said there was no evidence that Chauvin’s actions were dangerous to anyone else.

Prosecutors asked Cahill to restore the charge earlier this month. The appeals court set oral arguments for Monday on adding the charge.